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Discipline / Investigations

Don’t extend disciplinary periods due to FMLA or military absences

02/01/2005
When employees are covered under the Family and Medical Leave Act (FMLA) or military-leave laws, you’re not allowed to count their legally protected absences in any negative way.
Pay special …

Poke holes in your absence policy before a court does

02/01/2005
Issue: How consistently do you treat employee absences?
Risk: Many organizations’ attendance policies, inadvertently or not, include legally risky doublespeak.
Action: Examine your policy, looking for contradictions and inconsistencies …

Don’t retaliate against employee who is arrested; await case result

01/01/2005
When dealing with employees who’ve had brushes with the law, remember that a big difference exists between “arrests” and “convictions.”
It’s clear that you can fire employees convicted of crimes. …

Preventing harassment: not a ‘one and done’ deal

01/01/2005
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Inability to ‘get along with others’ may qualify employees as disabled

12/01/2004
Perk up your lawsuit radar if you (or one of your organization’s managers) plan to discipline an employee who has emotional problems and difficulty relating to other people. As the following …

Apply ‘fashion police’ rules evenly to avoid discrimination complaints

12/01/2004
When it comes to enforcing your organization’s dress code, consistency is the name of the game.
As the following case shows, you can’t prevent employees from wearing union-related shirts, hats …

Employee refusing to sign review? Don’t let that stop your discipline

12/01/2004
As part of your performance reviews or progressive discipline process, you probably ask for the employee’s signature to acknowledge the issues discussed and actions taken. What if that document is likely …

No need to give notice of demotion or pay cut

12/01/2004

Q. We’re planning to demote an employee for performance reasons. He’d move from a supervisory job (salaried/exempt) to an hourly job, so we’d cut his pay by about $10,000 a year. What kind of notice must we give him regarding the pay cut and exemption status? —L.K., Missouri

4 lousy excuses for not firing a poor performer

12/01/2004
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Protecting workers from harassment isn’t a ‘one and done’ deal

11/01/2004
Your best defense against a hostile environment claim is proof that you took quick and effective steps to stop the hostility. But courts won’t look kindly on your efforts if you …